Compensation and Working Time
Overtime Compensation
The normal working hours are 08 hours a day and 40 hours a week.
Workers may work longer hours, as long as the average working hours do not exceed the normal working hours, i.e., eight hours per day and forty hours per week. Where shorter hours of work are fixed on some days of the week, workers can work longer hours but shall not exceed nine hours per day and forty hours per week.
Even when workers are working longer hours, these should not exceed on average eight hours per day and forty hours per week over a reference period of four weeks. - For seasonal work, workers may work for 10 hours per day, provided that the average working hours during the year must not exceed 8 hours a day. - For shift workers, total working hours must also not exceed the normal limits - Shorter working hours apply to manual labour or hazardous jobs (work that may harm health). However, for legal and employment rights, such work is still considered equivalent to 8 hours per day
A worker may not be required to perform overtime work, exceeding normal working hours, unless that undertaking has fixed rates of pay for overtime work. However, the law does not fix the rate of overtime remuneration. Overtime hours are usually paid at 150% of the normal hourly wage rate.
A worker may not be compelled to do overtime work except: - for undertakings or enterprises that require overtime to be viable (economic reason) or - In emergencies, where overtime is necessary to protect life or property.
In certain exceptional circumstances, including an accident that threatens human lives or the very existence of the undertaking, a worker may be required to work beyond the fixed hours without additional pay.
Source: §33-38 of the Labour Act 2003 (Act 651)
Night Work Compensation
The Labour Act defines "night work" in relation to women only and means work at any time within a period of eleven consecutive hours, including the seven consecutive hours occurring between 22:00 and 07:00 of the following day.
In seasonal industries, instead of 11 hours, the night work period may be reduced to 10 hours for up to 60 days a year.
There is no provision in the law on premium pay for night work.
Source: §57(9(a)) of the Labour Act 2003 (Act 651)
Compensatory Holidays / Rest Days
No provision could be identified in the Labour Act (Act 651) requiring an employer to provide a compensatory rest day for working on a weekly or public holiday.
While the Act mandates a weekly rest period of at least 48 consecutive hours every seven days, and recognizes public holidays as paid days off, it does not specify that compensatory rest must be granted if an employee works during these times.
Weekend / Public Holiday Work Compensation
There is no provision in the law regarding weekend/public holiday compensation for permanent workers. However, the temporary and casual workers, if they have to work on a public holiday, are entitled to 200% of the normal rate of wages. If a worker has worked only a fraction of the whole day (for some hours), he is entitled to 200% of the normal wage rate for those hours.
Sources: §77 of the Labour Act 2003 (Act 651)
Regulations on Compensation
- Labour Act, 2003 (Act651)
- Holidays Act, 2001 (Act 601)
